SANJAY DWIVEDI
Shravan Kumar Pathak – Appellant
Versus
State of M. P. – Respondent
ORDER
1. At the request of learned counsel for the parties, the revision is finally heard.
2. In this revision filed under section 397 read with section 401 of the Code of Criminal Procedure, the challenge is made to an order dated 8.4.2022 (Annexure-P/6) passed by the Court of Eighth Additional Sessions Judge, District Satna, whereby an application filed by him under section 457 of the CrPC has been rejected by the trial Court.
3. As per facts of the case, in pursuance of a complaint made by the applicant to the police saying that on 24.3.2021 at about 02:00 AM, a theft had been committed in his house wherein cash amounting to rupees three crores and four kgs. of gold got stolen, the police vide FIR/Crime No.412/2021 registered an offence against unknown persons.
(3.1) After making investigation, the police arrested the accused and recovered the stolen articles (gold and cash) from their possession.
(3.2) Subsequently, an application under section 457 of the CrPC was moved by the applicant before the trial Court for handing over the possession of articles seized by the police in his favour.
(3.3) In the meantime, the Income Tax Department and prosecution raised an objection to the ap
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